These Terms and Conditions, together with any and all other documents referred to herein, set out the terms under which Goods and Services are sold by us through this website, www.retroracecar.com (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them before ordering any Goods and Services from Our Site. You will be required to read and accept these Terms and Conditions
when ordering Goods and Services. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order Goods and Services through Our Site. These Terms and Conditions, as well as any and all Contracts are in the English language only.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
means a contract for the purchase and sale of Goods, as explained in Clause 8;
means the custom order wheels sold by Us through Our Site;
means the Custom Goods and the Stock Goods sold by Us through Our Site;
means your order for Goods and Services;
means our acceptance and confirmation of your Order;
means the colour coating of the Goods provided by Us;
means the in stock wheels sold by Us through Our Site;
means Retro Racecar Ltd. Registered Address - Market House, Lenton Street, Alton. Hampshire.
2. Information About Us
2.1 Our Site, www.retroracecars.com is owned and operated by Retro Racecar Ltd, a limited company registered in England under 08771973, whose registered address is Market House, Lenton Street, Alton. Hampshire.GU34 1HG and whose main trading address is Unit 8, Bellhanger Enterprises, Bentworth, Hampshire, GU34 5QZ. Our VAT number is 196633274.
3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Age Restrictions
Consumers may only purchase Goods and Services through Our Site if they are at least 18 years of age.
5. International Customers
If Goods and Services are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination. We are not responsible for such charges and We undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and We cannot guarantee that the packaging of your Goods will be free of signs of tampering. Please also be aware that United Kingdom consumer protection laws may not apply.
6. Business Customers
Not all the provisions in these Terms and Conditions will apply to Business Customers. Some of the terms apply to consumers only and will be marked accordingly.
7. Goods, Services Pricing and Availability
7.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods and Services available from Us correspond to the actual Goods and Services. Please note, however, the following:
7.1.1 Images of Goods and Services are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions; and
7.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary; and
7.1.3 The exact Services may vary depending on your requirements
7.2 Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods and Services, not to different Goods and Services altogether. Please refer to Clause 11 if you receive incorrect Goods and Services (i.e. Goods that are not as described or in the wrong colour).
7.3 Where appropriate, you may be required to select the required size, model, colour, number, material,
offset, pitch circle diameter (PCD), number of stud holes of the Goods and Services that you are purchasing.
7.4 We neither represent nor warrant that Goods and Services will be available. Stock indications are not provided on Our Site. We neither represent nor warrant that all Services will be available at all times and cannot necessarily confirm availability until confirming your Order.
7.5 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed (please note sub-Clause 7.8 regarding VAT, however).
7.6 All prices are checked by Us when We process your Order. In the unlikely event that We have shown incorrect pricing information, please note the following:
7.6.1 We will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed. We will give you the option to purchase the Goods and Services at the correct price or to cancel your Order (or the affected part thereof). We will not proceed with processing your Order until you respond. If We do not receive a response from you within 14 days we will treat your Order as cancelled and notify you of the same in writing.
7.7 In the event that the price of Goods and Services you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
7.8 All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
7.9 Delivery charges are not included in the price of Goods on Our Site. For more information on delivery charges, please refer to retroracecar.com/delivery. Delivery options and related charges will be presented to you as part of the order process.
8. Orders – How Contracts Are Formed
8.1 Our Site will guide you through the ordering process. Before submitting your Order to Us you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
8.2 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
8.3 Order Confirmations shall contain the following information:
8.3.1 Confirmation of the Goods and Services ordered including full details of the main characteristics of those Goods and Services;
8.3.2 Fully itemised pricing for the Goods and Services ordered including, where appropriate, taxes, delivery and other additional charges;
8.3.3 Estimated delivery date(s) and time(s).
8.4 We will post a paper copy of the Order Confirmation upon order placement if an email address is not supplied to Us.
8.5 If We, for any reason, do not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 30 days.
8.6 You may change your Order at any time before We begin providing the Services by contacting us by email: [email protected] or by post: Unit 8 Bellhanger Enterprises, Bentworth, Hampshire. GU34 5QZ. United Kingdom.
8.7 If you change your Order, We will confirm all agreed changes in writing.
8.8 If you change your mind, you may cancel your Order or the Contract before or after We begin providing the Services subject to these Terms and Conditions. For details of your cancellation rights, please refer to Clause 12.
8.9 We may cancel your Order at any time before We begin providing the Services in the following circumstances:
8.9.1 The required personnel and/or required materials necessary for the provision of the Services are not available; or
8.9.2 An event outside of Our control continues for more than 30 Days (please refer to Clause 15 for events outside of Our control).
8.10 If We cancel your Order and We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days. If We cancel your Order, you will be informed by email or by post.
9.1 Payment for Stock Goods and Services and related delivery charges must always be made in advance and you will be prompted to pay during the order process.
9.2 Payment for the Custom Goods and Services and related delivery charges will be due in the form of an advance payment of 50% of the total price for the Custom Goods and Services and delivery charges and 50% of delivery. Price and payment details will be confirmed in the Order Confirmation. Your chosen payment method will be charged as indicated.
9.3 We accept the following methods of payment on Our Site:
9.3.1 Most Debit Cards;
9.3.2 Most Credit Cards; and
9.4 If you do not make any payment to Us by the due date as shown in/on Order Confirmation We may charge you interest on the overdue sum at the rate of 4% per annum above the base lending rate of the Bank of England from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.
9.5 The provisions of sub-Clause 9.4 will not apply if you have promptly contacted Us to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.
10. Delivery, Risk and Ownership
10.1 All Stock Goods and Services purchased through Our Site will normally be delivered within the timescale agreed when you place your order (subject to delays caused by events outside of Our control, for which see Clause 15).
10.2 All Custom Goods and Services purchased through Our Site will normally be delivered within approximately 7 months of the date of Our Order Confirmation unless otherwise agreed (subject to delays caused by events outside of Our control, for which see Clause 15).
10.3 If We are unable to deliver the Goods on the delivery date (if, for example, no one is available at your address to receive the Goods) the carrier We will leave a card and normally attempt to re-deliver the goods on the following day. Otherwise the carrier We choose will leave a card to inform you of next steps.
10.4 Delivery shall be deemed complete once We have delivered the Goods to the address including, where relevant, any alternative address provided in your Order.
10.5 The risk in the Goods shall remain with Us until they come into your physical possession.
10.6 Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
11. Faulty, Damaged or Incorrect Goods and Services
11.1 As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in the industry, and in accordance with any information provided by Us about the Services and about Us. We will begin providing the Services on the date agreed when you make your Order (which We shall confirm in the Order Confirmation). Please note that if you request that the Services begin within the statutory 14 calendar day cancellation (or “cooling off” – applicable to consumers only) period, your right to cancel may be limited or lost. See clause 12 below. We will use all reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
11.2 We will continue providing the Services until the Services are complete.
11.3 We will make every reasonable effort to provide the Services in a timely manner. We cannot, however, be held responsible for any delays if an event outside of Our control occurs.
11.4 If We require any information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible. Depending upon the nature of the Services you have ordered, We may require information or action such as quantity, colour, material choice, size, dimensions or other specifications.
11.5 If the information you provide or the action you take in accordance with your instructions is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of delayed, incomplete or otherwise incorrect information or action that you have provided or taken, We may charge you a reasonable additional sum for that work.
11.6 In certain circumstances, for example where there is a delay in you sending Us information or taking action required by You, We may suspend the Services (and will inform you of that suspension by email, telephone or by post).
11.7 In certain circumstances, for example where We encounter a technical problem, We may need to suspend or otherwise interrupt the Services to resolve the issue. Unless the issue is an emergency that requires immediate action We will inform you in advance by email, telephone or by post before suspending or interrupting the Services.
11.8 If the Services are suspended or interrupted you will not be required to pay for them during the period of suspension. You must, however, pay any sums that may already be due by the appropriate due date(s).
11.9 If you do not pay Us for the Services as required by Clause 9, We may suspend the Services until you have paid any and all outstanding sums due
11.10 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact Us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement.
11.11 Beginning on the day that you receive the Goods (and ownership of them) you have a 30 Calendar Day right to reject the Goods and to receive a full refund if they do not conform as stated above. Alternatively, you may request a repair of the Goods or a replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you a full refund. If you request a repair or replacement during the 30 Calendar Day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 Calendar Days remain out of the original period, it will be extended to 7 Calendar Days. If, after a repair or replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without
significant inconvenience to you), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund. If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.
11.12 Please note that you will not be eligible to claim under this Clause 11 if We informed you of the fault(s), damage or other problems with the Goods before your purchase of the them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause 11 merely because you have changed your mind. If you are a consumer in the European Union you have a legal right to a 14 calendar day cooling off period within which you can return Goods for this reason.
11.13 To return Goods to Us for any reason under this Clause 11, please visit the returns page on Our Site to complete a returns form please contact Us to arrange for a collection and return. We will be fully responsible for the costs of returning Goods under this Clause 11 and will reimburse you where appropriate.
11.14 Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 Calendar Days of the day on which We agree that you are entitled to the refund.
11.15 Any and all refunds issued under this Clause 11 will include all delivery costs paid by you when the Goods were originally purchased.
11.16 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
12. Cancelling the Contract if You Change Your Mind if you are a Consumer
12.1 If you are a consumer in the European Union, you have a legal right to a “cooling off” period within which you can cancel the Contract for any reason. This period begins once your Order is accepted and We have sent you an Order Confirmation, i.e. when the Contract between you and Us is formed. The period ends at the end of 14 calendar days after that date.
12.2 If you wish to exercise your right to cancel under this Clause 12, you must inform Us of your decision within the cooling off period. You may do so in any way you wish, however for your convenience We offer a cancellation form on Our Site www.retroracecar.com and will include a link to it with the Order Confirmation. Cancellation by email or by post is effective from the date on which you send Us your message. Please note that the cooling off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59 on the final day of the cooling off period, your cancellation will be valid and accepted. If you would prefer to contact Us directly to cancel, please use the following details:
12.2.1 0044 1420 565999
12.2.2 [email protected]
12.2.3 Post: Unit 8, Bellhanger Enterprises, Bentworth, Hampshire. GU34 5QZ. United Kingdom
12.3 If the Services are to begin within the cooling off period you are required to make an express request to that effect. This request forms a normal part of the order process. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:
12.3.1 If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete.
12.3.2 If you cancel after provision of the Services has begun but is not yet complete you will still be required to pay for the Services provided up until the point at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 14 days and in any event no later than 14 calendar days after you inform Us that you wish to cancel. Refunds will be made using the same payment method you used when ordering the Services.
13.1 The Goods are provided with a manufacturer’s guarantee. Depending on the product type, we may not be the manufacturer. For further details and terms, please refer to the manufacturer’s guarantee documentation supplied with the Goods.
13.2 The manufacturer’s guarantee exists in addition to your legal rights as a consumer (that the Goods match their description, that they are of satisfactory quality and that they are fit for purpose). For Goods that do not match their description, are not of satisfactory quality, or are not fit for purpose, please refer to Clause 11. More information on your rights as a consumer can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.
14. Our Liability
Our liability to consumers
14.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
14.2 We only supply Goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
14.3 Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
14.4 Nothing in these Terms and Conditions seeks to limit or exclude Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.
14.5 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
Our liability to businesses
· death or personal injury caused by its negligence;
· fraud or fraudulent misrepresentation; or
· breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
14.7 Subject to clause 14.6, the Supplier shall not be liable to You, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this agreement for:
· loss of profits;
· loss of sales or business;
· loss of agreements or contracts;
· loss of anticipated savings;
· loss of or damage to goodwill;
· loss of use or corruption of software, data or information; and
· any indirect or consequential loss.
14.8 Subject to clause 14.6, the Our total liability to You, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms shall be the price paid by You for the Goods and/or Services under these Terms.
14.9 The terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this agreement.
15. Events Outside of Our Control (Force Majeure)
15.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
15.2 If any event described under this Clause 15 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
15.2.1 We will inform you as soon as is reasonably possible;
15.2.2 Our obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
15.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods and Services as necessary;
15.2.4 If the event outside of Our control continues for more than 30 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled;
15.2.5 If an event outside of Our control occurs and continues for more than 30 days and you wish to cancel the Contract as a result, you may do so. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled.
15.2.6 If the contract is cancelled by you or by Us under this Clause 15, any relevant Goods that must be returned will be returned at Our expense (with Us reimbursing you where appropriate).
16. Communication and Contact Details
16.1 If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 0044 1420 565999, [email protected], or by post at Unit 8, Bellhanger Enterprises, Bentworth, Hampshire. GU34 5QZ. United Kingdom.
16.2 For matters relating the Goods, Services or your Order, please contact Us by telephone at0044 1420 565999, [email protected], or by post at Unit 8, Bellhanger Enterprises, Bentworth, Hampshire. GU34 5QZ. United Kingdom.
16.3 For matters relating to cancellations, please contact Us by telephone at, 0044 1420 565999 [email protected], or by post at Unit 8, Bellhanger Enterprises, Bentworth, Hampshire. GU34 5QZ. United Kingdom or refer to the relevant Clauses above.
17. Complaints and Feedback
17.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
17.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available from www.retroracecar.com.
17.3 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
17.3.1 In writing, addressed to Ivan Hayward - Director, Unit 8, Bellhanger Enterprises, Bentworth, Hampshire GU34 5QZ. United Kingdom.
17.3.2 By email, addressed to Ivan Hayward - Director at [email protected]
17.3.3 Using Our complaints form, following the instructions included with the form;
17.3.4 By contacting Us by telephone on 0044 1420 565999.
18. How We Use Your Personal Information (Data Protection)
18.1 All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
18.2 We may use your personal information to:
18.2.1 Provide Our Goods and Services to you;
18.2.2 Process your Order (including payment) for the Goods and Services; and
18.2.3 Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time.
18.3 In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
18.4 We will not pass on your personal information to any third parties without first obtaining your express permission.
19. Other Important Terms
19.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
19.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
19.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
19.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
19.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
19.6 We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms and Conditions as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.
20. Law and Jurisdiction
20.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
20.2 If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.